Criminal Evidence Act 1992


Competence and Compellability of Spouses and Former Spouses to give Evidence

Definitions (Part IV).


20.In this Part—

F39 [ decree of divorce means a decree under section 5 of the Family Law (Divorce) Act, 1996 or any decree that was granted under the law of a country or jurisdiction other than the State and is recognised in the State; ]

decree of judicial separation” includes a decree of divorce a mensa et thoro or any decree made by a court outside the State and recognised in the State as having the like effect;

F40 [ former spouse includes a person who, in respect of his or her marriage to an accused

( a ) has been granted a decree of judicial separation, or

( b ) has entered into a separation agreement, or

( c ) has been granted a decree of divorce; ]

separation agreement” means an agreement in writing which provides for the spouses concerned living separately and apart from each other.




Inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 49(a), commenced as per s. 1(2).


Substituted (27.11.1996) by Family Law (Divorce) Act 1996 (33/1996), s. 49(b), commenced on enactment.